NDLI: Khetri Vikas Samiti Vs. Director College Education, Government of Rajasthan & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1989 removal of employee Rajasthan Non-Government Educational Institutions Act s.18
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Rajasthan Societies Registration Act, 1958 (28 of 1958) Rajasthan Non-governmental Educational Institutions Act, 1989 (19 of 1992)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Rajasthan Non-Government Educational Institutions Act, 1989 – s.18 – Rajasthan Non-Government Educational Institutions (Recognition, Grant-In-Aid and Service Conditions etc.) Rules, 1993– r.39 – Private Respondents were engaged as Assistant/Lab boy, sweeper, waterman and mechanic respectively in the nonGovernment College of the appellant – In 2003, the Managing Committee of the appellant, unanimously resolved to abolish the abovesaid posts – Consequent to abolition of the said posts, the respondents were removed from their posts – Aggrieved, the private respondents filed an appeal before the Non-Government Educational Tribunal u/s. 19 – Tribunal set aside the order of removal of the private employees and directed their reinstatement and held that it was mandatory to seek the prior approval of the Director of Education before terminating the employees, as per s. 18 of the Act – Writ petition by the appellant – Writ petition was dismissed by the Single Judge of High Court – Division Bench of High Court confirmed the decisions of the Single Judge of the High Court – On appeal, held: s.18 of the Act and r. 39 of the Rules would not be applicable in case of removal of an employee due to abolition of posts, more particularly when the post to which the employee was working was not aided and that his appointment was not approved by the Education Department – Further, a communication dated 25.01.2005 from the office of the Commissioner had clarified that there was no necessity for seeking Governmental approval for the removal of the employees, as the posts to which they were working were not aided posts and that their appointment was not approved by the Education Department – Even as per the State Government also, the prior approval of the State authorities was not required – Therefore, the impugned judgment and order passed by the Division Bench of the High Court, Single Judge of the High Court and the Tribunal holding that the removal of the concerned employees was hit by s.18 of the Act, unsustainable – Accordingly, the impugned judgment and order passed by the Division Bench of the High Court, Single Judge of the High Court and the Tribunal quashed and set aside. Rajasthan Non-Government Educational Institutions Act, 1989 – s.18 – Rajasthan Non-Government Educational Institutions (Recognition, Grant-In-Aid and Service Conditions etc.) Rules, 1993 – r. 39 – Private Respondents engaged as Assistant/Lab boy, sweeper, waterman and mechanic respectively in the nonGovernment College of the appellant – Managing Committee of the appellant abolished the said posts – Tribunal and the High Court held the abolition of posts bad in law – On appeal, held: Managing Committee of the appellant was facing financial constraints and running in heavy losses – There was no finding that the decision of the Management to abolish posts was malafide and/or with the oblique motive – Further, the question before the Tribunal was with respect to the removal and not with respect to abolition of the posts – Also, the entire financial position of the appellant was not considered by the High Court – Therefore, in absence of challenge to the Managing Committee to abolish the posts in question and non-consideration of the financial position of the appellant – Reasoning given by the Tribunal and the High Court to hold the abolition of posts bad in law, unsustainable.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 659
Petitioner	Khetri Vikas Samiti
Respondent	Director College Education, Government Of Rajasthan & Ors.
SCR	[2019] 7 S.C.R. 638
Judgement Date	2019-05-09
Case Number	4806

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